Brett Carey | Insurance Journal Bad faith litigation has long posed both legal and reputational risks for insurers operating in Florida. With the enactment in 2023 of House Bill 837—a sweeping tort-reform measure—there are important changes to how insurers and their claims professionals must approach liability and settlement practices. While these reforms offer clearer guidance… Continue reading Florida’s Evolving Bad-Faith Landscape: What Claims and Insurance Pros Need to Know
Colorado Court of Appeals Provides Guidance on What Arbitration-Related Orders are Appealable
Andrew Vogelgesang | Higgins, Hopkins, McLain & Roswell The Colorado Court of Appeals recently issued a decision in The Pool Company v. MW Golden Constructors and Western Surety Company, 2024 COA 116, clarifying what arbitration-related orders are appealable. Background of the Dispute This dispute arose between MW Golden Constructors (“MW Golden”) and The Pool Company (“Pool… Continue reading Colorado Court of Appeals Provides Guidance on What Arbitration-Related Orders are Appealable
Court Differentiates Faulty and Defective Workmanship from Vandalism or Malicious Mischief
Josh Tumen | Property Insurance Law Observer In Carr v. Spinnaker Insurance Company, the United States Court of Appeals for the Ninth Circuit upheld the district court’s finding that property damage resulting from objectionable and imperfect work performed by an unlicensed contractor did not constitute covered vandalism or malicious mischief under a property insurance policy. Instead,… Continue reading Court Differentiates Faulty and Defective Workmanship from Vandalism or Malicious Mischief
Consequential vs. Direct Damages
John Mark Goodman | BuildSmart Many construction contracts include a provision that prohibits the parties from recovering “consequential” damages in the event of a breach. Sometimes parties will negotiate and agree to a waiver of consequential damages that identifies and describes what damages are considered consequential damages. For example, the parties may agree that prohibited consequential… Continue reading Consequential vs. Direct Damages
Appellate Court Reaffirms Limits on Delay Damages in Construction Contracts
Jose A. Aquino | Duane Morris On June 5, 2025, the Appellate Division, First Department of the New York Supreme Court issued an opinion in Gamma USA, Inc. v. Pavarini McGovern, LLC, addressing the enforceability of a no-damages-for-delay clause in a construction contract between the subcontractor and contractor. The subcontractor had brought breach of contract claims… Continue reading Appellate Court Reaffirms Limits on Delay Damages in Construction Contracts